The Copyright Protection of Computer Software in the United Kingdom

Description

This work analyses the scope of copyright protection for computer software in the United Kingdom,and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty and legislative initiatives on British copyright law.
As such it will be an important resource for practitioners, lecturers and students alike.

About Author

Stanley Lai is a lawyer with the firm Lee & Lee in Singapore.

Contents

Part 1 Subsistence of copyright and infringement methodology: subsistence of copyright and infringement analysis under US and UK laws - introduction, subsistence of copyright, the idea/expression dichotomy, infringement methodology - a prescriptive analysis of substantial similarity, summary of trends in US infringement methodology, conclusion; limiting doctrines of merger and scenes a faire - introduction, merger doctrine, merger and software copyright protection, the scenes a faire doctrine, the position of scenes a faire in English law, software copyright - the relevance of scenes a faire, conclusion. Part 2 The scope of copyright protection of user interfaces: the copyright protection of user interfaces, copyright protection of user interfaces in the USA - a survey of recent cases and determination of protectable elements, general conclusions on user interface protection in the USA and its impact on UK software copyright law, protection of screen displays under UK copyright law; policy/economic justifications, conclusion; copyright protection of video games - introduction, protection of video games in the USA, protection of video games in the United Kingdom, conclusion. part 3 Reverse engineering and defences: reverse engineering - introduction, the software directive and reverse engineering, implementation o the software directive in the CDPA, reverse engineering in the USA, reverse engineering under US and UK copyright laws - points of contrast, Commonwealth developments, conclusion; defences and other permitted acts - introduction, Section 29 CDPA - fair dealing for research and private study and its continued relevance for UK software copyright law, back-up copies, error correction and maintenance, miscellaneous exceptions - other permitted acts, conclusion. Part 4 Challenges for the future: software copyright protection in relation to Internet technology - introduction, copyright issues and the WWW - applicable provisions of the CDPA, the digital agenda, conclusion; database protection in the United Kingdom - the new deal and its effects on software protection - introduction, definitional significance, copyright protection of databases, the future of computer-generated works, the new database right, impact of database copyright provisions on software copyright protection, conclusion; the copyright-contract interface and software protection - introduction, shrink-wrap licensing, implied licences and users' rights in software transactions, conclusion; general conclusion - application of UK copyright to the WWW, the digital agenda, UK database legislation, the interface between contract and copyright. Appendices: technical background - software design, functionality, reverse engineering and Internet issues; the software designing process - an overview; how a computer functions; reverse engineering processes - a technical background; the "clean room" procedure; technical issues and the WWW.